DOI: 10.7256/2454-0765.2015.3.15080

Abstract: In this article Bashlakov-Nikolaev examines administrative legal measures on competition protection, i.e. methods undertaken by antimonopoly authorities to prevent disturbance, restraint and elimination of competition pursuant to the Competition Law. The author offers different classifications of measures undertaken by antimonopoly authorities in the sphere of competition protection with relation to violations of antimonopoly legislation. The author divides all measures of administrative enforcement into the following two groups:  1. Measures of administrative responsibility (administrative sanctions), i.e. measures of administrative enforcement undertaken in response to violations,  2. Measures of execution of competition legislation (coercive measures), i.e. measures of administrative enforcement undertaken in response to performance or non-performance of one's obligations in the sphere of competition protection. These two major groups of measures have subgroups. Measures of administrative responsibility include measures on  restoration of responsibility (execution of orders issued by the antimonopoly authority); penal liability measures in accordance with the Administrative Offences Code of the Russian Federation; measures on withdrawal of revenues to the federal budget when such revenues have been obtained as a result of a violation of antimonpoly legislation as it is set forth by the competition protection law; measures on involuntary division or detachment of profit or nonprofit organizations. In his research the author has applied the method of the secondary analysis of data and carried out the review and analysis of literature on the matter. Special contribution made by the author to the topic is his comprehensive description and systematization of coercive measures in the field of competition protection. Special attention is given to consideration of legal and administrative measures for the protection of competition. The author also shares his views on the role of coercive measures in the field of protection of competition. 

Keywords: legal and administrative measures, antimonopoly (competition) authorities, antimonopoly (competition) legislation, liability, competition protection, administrative enforcement, violations of antimonopoly (competition) legislati, competition, coercive measures, administrative penalty

DOI: 10.7256/2454-0765.2015.3.66901

Abstract: In this article Bashlakov-Nikolaev examines administrative legal measures on competition protection, i.e. methods undertaken by antimonopoly authorities to prevent disturbance, restraint and elimination of competition pursuant to the Competition Law. The author offers different classifications of measures undertaken by antimonopoly authorities in the sphere of competition protection with relation to violations of antimonopoly legislation. The author divides all measures of administrative enforcement into the following two groups:  1. Measures of administrative responsibility (administrative sanctions), i.e. measures of administrative enforcement undertaken in response to violations,  2. Measures of execution of competition legislation (coercive measures), i.e. measures of administrative enforcement undertaken in response to performance or non-performance of one's obligations in the sphere of competition protection. These two major groups of measures have subgroups. Measures of administrative responsibility include measures on  restoration of responsibility (execution of orders issued by the antimonopoly authority); penal liability measures in accordance with the Administrative Offences Code of the Russian Federation; measures on withdrawal of revenues to the federal budget when such revenues have been obtained as a result of a violation of antimonpoly legislation as it is set forth by the competition protection law; measures on involuntary division or detachment of profit or nonprofit organizations. In his research the author has applied the method of the secondary analysis of data and carried out the review and analysis of literature on the matter. Special contribution made by the author to the topic is his comprehensive description and systematization of coercive measures in the field of competition protection. Special attention is given to consideration of legal and administrative measures for the protection of competition. The author also shares his views on the role of coercive measures in the field of protection of competition. 

Keywords: legal and administrative measures, antimonopoly (competition) authorities, antimonopoly (competition) legislation, liability, competition protection, administrative enforcement, violations of antimonopoly (competition) legislati, competition, coercive measures, administrative penalty

DOI: 10.7256/2454-0765.2015.3.66902

Abstract: The subjects of the research is the basic mechanisms of administrative-legal regulation in the sphere of standardization as well as methods of their use for improving the competitiveness of participants of domestic business. The author notes that standardization has a significant administrative impact on business activity. The establishment, implementation and control over mandatory requirements to products and processes of design, production, construction, installation, commissioning, operation, transportation, sales and recycling are the largest administrative-legal influence over the activities of entrepreneurs. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). It is concluded that the adoption of the Federal law "On standardization" will encourage the development of the legal base for building the national system of standardization allowing to solve a wide range of public and socio-economic challenges to ensure the country's sovereignty, unity and integrity of the economic space.

Keywords: competitiveness, technical regulations, standardization, administrative-legal regulation, national system of standardization, competitiveness of business, domestic business, business activities, requirements for products, globalization

DOI: 10.7256/2454-0765.2015.3.66903

Abstract: The purpose of this article is to provide a theoretical substantiation of the possibility of reaching the maximum possible public efficiencies of government expenditures, investments and taxes in a perfect condition of a balanced open economic system. The model offered by the author of the article can always bring to the maximum possible rate of economic growth in a 'perfect' environment ('zero loss' of public effecies of government expenditures and investments) that allows to substantiate the main directions of the relevant macroeconomic (fiscal, tax and budgetary) policy in developed countries and global economy in general. The main methods used by the author includes observation, collection of facts, modeling, abstraction, analysis, synthesis, induction, deduction and division of economic theory in micro - and macroeconomics. The author's model overcomes the barrier of an imaginary lack of quantitative constants in the economic system. The model naturally explains the ups and downs of the respective real economies, unexplainable from the point of view of a considerable part of ideological theorists and practical economics. Under all circumstances economists are bound to become the guardians of public foresight in economic matters.

Keywords: efficiency, management, macroeconomics, model, policy, quality, state, expenditure, investment, taxes

DOI: 10.7256/2454-0765.2015.3.66904

Abstract: The research subject is the various legal theories limiting the possibility of reclamation of property from a bona fide purchaser. Based on the author of the article, it is important to balance public and private interests in the laws of the Civil Code of the Russian Federation governing the reclamation of property from illegal possession (recovery). The prepared draft amendments to the Civil Code contain laws concerning the subjects of the right to recovery. The opportunity to claim an item from the other's unlawful possession (vindicatory action) is planned to provide only the owner and the holder of the limited proprietary right including the entitlement of ownership. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). The author concludes that it is necessary to expand the circle of persons authorised to commit a vindicatory action as well as the possibility of recovery of property from bona fide purchasers. These suggestions nade by the author about expanding the circle of persons entitled to commitment of vindicatory actions do not look like something impossible.

Keywords: the organizer of trading, responsibility, illegal possession, collection, unauthorized seller, bona fide purchaser, the proper degree of prudence, public auction, property, purchaser

DOI: 10.7256/2454-0765.2015.3.16279

Abstract: The subjects of the research is the basic mechanisms of administrative-legal regulation in the sphere of standardization as well as methods of their use for improving the competitiveness of participants of domestic business. The author notes that standardization has a significant administrative impact on business activity. The establishment, implementation and control over mandatory requirements to products and processes of design, production, construction, installation, commissioning, operation, transportation, sales and recycling are the largest administrative-legal influence over the activities of entrepreneurs. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). It is concluded that the adoption of the Federal law "On standardization" will encourage the development of the legal base for building the national system of standardization allowing to solve a wide range of public and socio-economic challenges to ensure the country's sovereignty, unity and integrity of the economic space.

Keywords: competitiveness, technical regulations, standardization, administrative-legal regulation, national system of standardization, competitiveness of business, domestic business, business activities, requirements for products, globalization

DOI: 10.7256/2454-0765.2015.3.16231

Abstract: The purpose of this article is to provide a theoretical substantiation of the possibility of reaching the maximum possible public efficiencies of government expenditures, investments and taxes in a perfect condition of a balanced open economic system. The model offered by the author of the article can always bring to the maximum possible rate of economic growth in a 'perfect' environment ('zero loss' of public effecies of government expenditures and investments) that allows to substantiate the main directions of the relevant macroeconomic (fiscal, tax and budgetary) policy in developed countries and global economy in general. The main methods used by the author includes observation, collection of facts, modeling, abstraction, analysis, synthesis, induction, deduction and division of economic theory in micro - and macroeconomics. The author's model overcomes the barrier of an imaginary lack of quantitative constants in the economic system. The model naturally explains the ups and downs of the respective real economies, unexplainable from the point of view of a considerable part of ideological theorists and practical economics. Under all circumstances economists are bound to become the guardians of public foresight in economic matters.

Keywords: efficiency, management, macroeconomics, model, policy, quality, state, expenditure, investment, taxes

DOI: 10.7256/2454-0765.2015.3.16249

Abstract: The research subject is the various legal theories limiting the possibility of reclamation of property from a bona fide purchaser. Based on the author of the article, it is important to balance public and private interests in the laws of the Civil Code of the Russian Federation governing the reclamation of property from illegal possession (recovery). The prepared draft amendments to the Civil Code contain laws concerning the subjects of the right to recovery. The opportunity to claim an item from the other's unlawful possession (vindicatory action) is planned to provide only the owner and the holder of the limited proprietary right including the entitlement of ownership. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). The author concludes that it is necessary to expand the circle of persons authorised to commit a vindicatory action as well as the possibility of recovery of property from bona fide purchasers. These suggestions nade by the author about expanding the circle of persons entitled to commitment of vindicatory actions do not look like something impossible.

Keywords: the organizer of trading, responsibility, illegal possession, collection, unauthorized seller, bona fide purchaser, the proper degree of prudence, public auction, property, purchaser

DOI: 10.7256/2454-0765.2015.3.16267

Abstract: The subject of the research is the legal regulation of the activities of the municipal control and audit bodies from the point of view of theory and practice. The transfer to program budgets at the local level requires a shift in the emphasis from control of municipal finances to the monitoring over the use of funds. The author suggests that Article 18 of the Federal law "On General Principles of the Organization and Functioning of the Control and Audit Bodies of the Russian Federation Constituents and Municipal Units" should be complemented with the provision defining the right of control and accounts bodies of municipal units to interact with the subjects of public control. The methodological basis of the research involves the general research dialectical method and resulting specific research method such as system-structural and technical legal methods. It is concluded that control over spending municipal funds should be as transparent as possible. The author also offers to create local web pages to publish both acts of acceptance of work performed and complete movement of funds. This would allow to use access to resources is a tool of control by the population of a particular municipal unit. 

Keywords: municipal unit, flow of funds, constituents of the Russian Federation, municipal units, municipal control and audit bodies, expenditure (spending) of municipal funds, program budget, municipal funds, public control, budgetary funds

DOI: 10.7256/2454-0765.2015.3.66905

Abstract: The subject of the research is the legal regulation of the activities of the municipal control and audit bodies from the point of view of theory and practice. The transfer to program budgets at the local level requires a shift in the emphasis from control of municipal finances to the monitoring over the use of funds. The author suggests that Article 18 of the Federal law "On General Principles of the Organization and Functioning of the Control and Audit Bodies of the Russian Federation Constituents and Municipal Units" should be complemented with the provision defining the right of control and accounts bodies of municipal units to interact with the subjects of public control. The methodological basis of the research involves the general research dialectical method and resulting specific research method such as system-structural and technical legal methods. It is concluded that control over spending municipal funds should be as transparent as possible. The author also offers to create local web pages to publish both acts of acceptance of work performed and complete movement of funds. This would allow to use access to resources is a tool of control by the population of a particular municipal unit. 

Keywords: municipal unit, flow of funds, constituents of the Russian Federation, municipal units, municipal control and audit bodies, expenditure (spending) of municipal funds, program budget, municipal funds, public control, budgetary funds

DOI: 10.7256/2454-0765.2015.3.16255

Abstract: The subject of the research is the problems of the theory and practice of corporate law, in particular, invalidity of major transactions. The Federal law of September 30, 2013, No. 260 limited the list of grounds for considering a transaction to be invalid. Moreover, the range of circumstances to consider transactions to be invalid has been significantly expanded. Thus, the legislator has reduced the list of persons who may challenge a transaction, defined a prohibition on challenging transactions in the absence of real violations of rights and law-protected interests of complainants. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). The author concludes that due to the innovations in the civil legislation,  there will be significant changes in law-enforcement practice regarding the activity of joint stock companies making major transactions. The aforesaid act should contribute to the stability of civil transactions and, consequently, to considerably reduce the number of large transactions recognized as invalid by courts of arbitration. 

Keywords: deal, corporate law, Civil Code, joint stock company, major transactions, invalid transactions, court, judicial practice, agreement, claim

DOI: 10.7256/2454-0765.2015.3.66906

Abstract: The subject of the research is the problems of the theory and practice of corporate law, in particular, invalidity of major transactions. The Federal law of September 30, 2013, No. 260 limited the list of grounds for considering a transaction to be invalid. Moreover, the range of circumstances to consider transactions to be invalid has been significantly expanded. Thus, the legislator has reduced the list of persons who may challenge a transaction, defined a prohibition on challenging transactions in the absence of real violations of rights and law-protected interests of complainants. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). The author concludes that due to the innovations in the civil legislation,  there will be significant changes in law-enforcement practice regarding the activity of joint stock companies making major transactions. The aforesaid act should contribute to the stability of civil transactions and, consequently, to considerably reduce the number of large transactions recognized as invalid by courts of arbitration. 

Keywords: deal, corporate law, Civil Code, joint stock company, major transactions, invalid transactions, court, judicial practice, agreement, claim

DOI: 10.7256/2454-0765.2015.3.16314

Abstract: In this article Moroz analyzes the concept of services and their special kind, i.e. financial services  both at the doctrinal level and at the level of legal regulation within the framework of the World Trade Organization, European Union and Eurasian Economic Union as well as at the level of national legislation. In this context, the article presents the international legal acts and the court practice  of integration associations; special attention is paid to the national legal regulation of financial services, in particular, in terms of international legal regulation in the sphere of services. In the course of research the author applied the comparative legal research method as well as analysis and synthesis, which allowed to draw the following conclusions. The author notes that in this the article the author separated the concept of "service" and the concept of "external trade in services" and focuses on the difference between the legal regulation of these terms in various integration associations at the national level. The article displays the author's definition of services, as well as criteria for determining financial services.

Keywords: services, financial services, World Trade Organization, general agreement, free movement of goods, services and capital assets, Eurasian Economic Union, foreign trade services, European Union, trade in services

DOI: 10.7256/2454-0765.2015.3.66907

Abstract: In this article Moroz analyzes the concept of services and their special kind, i.e. financial services  both at the doctrinal level and at the level of legal regulation within the framework of the World Trade Organization, European Union and Eurasian Economic Union as well as at the level of national legislation. In this context, the article presents the international legal acts and the court practice  of integration associations; special attention is paid to the national legal regulation of financial services, in particular, in terms of international legal regulation in the sphere of services. In the course of research the author applied the comparative legal research method as well as analysis and synthesis, which allowed to draw the following conclusions. The author notes that in this the article the author separated the concept of "service" and the concept of "external trade in services" and focuses on the difference between the legal regulation of these terms in various integration associations at the national level. The article displays the author's definition of services, as well as criteria for determining financial services.

Keywords: services, financial services, World Trade Organization, general agreement, free movement of goods, services and capital assets, Eurasian Economic Union, foreign trade services, European Union, trade in services

DOI: 10.7256/2454-0765.2015.3.16235

Abstract: The research subject of this article is the anti-crisis measures proposed at the G20 summit to combat offshore zones and their negative impact on the stability of the global economy. The author of the article has shared his opinion regarding the fundamental decisions on reforming the global tax policy and analyzed regulations that were designed to make international business more transparent and to limit the outflow of national capital as well as international experience in combating offshore including the experience of Russia, the United States and the European Union. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). It is concluded that the global economic and financial crisis, which revealed and exacerbated a number of problems of the modern financial system, has attracted special attention to the phenomenon of the offshore. The main emphasis of the international anti-offshore policy is made on the transparency of the offshore jurisdictions from the point of view of availability of information to detect violations of national laws.

Keywords: national legislation, offshore, anti-offshore policies, offshore zone, taxes, tax policy, European Union, United States, tax haven, financial system

DOI: 10.7256/2454-0765.2015.3.66908

Abstract: The research subject of this article is the anti-crisis measures proposed at the G20 summit to combat offshore zones and their negative impact on the stability of the global economy. The author of the article has shared his opinion regarding the fundamental decisions on reforming the global tax policy and analyzed regulations that were designed to make international business more transparent and to limit the outflow of national capital as well as international experience in combating offshore including the experience of Russia, the United States and the European Union. In her research the author has applied general research methods (comparison, analysis, synthesis, abstraction and generalization) and specific research methods (formal dogmatic method, comparative law method, etc.). It is concluded that the global economic and financial crisis, which revealed and exacerbated a number of problems of the modern financial system, has attracted special attention to the phenomenon of the offshore. The main emphasis of the international anti-offshore policy is made on the transparency of the offshore jurisdictions from the point of view of availability of information to detect violations of national laws.

Keywords: national legislation, offshore, anti-offshore policies, offshore zone, taxes, tax policy, European Union, United States, tax haven, financial system